Business Law Justification for Eminent Domain Discussion
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Business Law Justification for Eminent Domain Discussion
Unlike many English language constitutions, the United States Constitution specifically provides for a mechanism for the government to involuntarily take private real property from its citizens. The only requirement that the government must show is that the taking is for a “public” purpose. There is no requirement that the taking be “necessary” or even “reasonable”. Any stated government purpose suffices. If the public purpose is demonstrated, then the government, state or federal, may take the property and provide the previous owner with “fair value” or compensation for the taking.
For your discussion in this module, we will use the basic debate form. The proposition set forth is this: “The United States Supreme Court taking powers for real property are just and necessary. No modifications need exist to the takings clause at this time.” In your primary post, affirm or oppose the proposition and in your peer posts comment, affirm, or oppose.
RUBRIC
Excellent Quality
95-100%
Introduction 45-41 points
The background and significance of the problem and a clear statement of the research purpose is provided. The search history is mentioned.
Literature Support
91-84 points
The background and significance of the problem and a clear statement of the research purpose is provided. The search history is mentioned.
Methodology
58-53 points
Content is well-organized with headings for each slide and bulleted lists to group related material as needed. Use of font, color, graphics, effects, etc. to enhance readability and presentation content is excellent. Length requirements of 10 slides/pages or less is met.
Average Score
50-85%
40-38 points
More depth/detail for the background and significance is needed, or the research detail is not clear. No search history information is provided.
83-76 points
Review of relevant theoretical literature is evident, but there is little integration of studies into concepts related to problem. Review is partially focused and organized. Supporting and opposing research are included. Summary of information presented is included. Conclusion may not contain a biblical integration.
52-49 points
Content is somewhat organized, but no structure is apparent. The use of font, color, graphics, effects, etc. is occasionally detracting to the presentation content. Length requirements may not be met.
Poor Quality
0-45%
37-1 points
The background and/or significance are missing. No search history information is provided.
75-1 points
Review of relevant theoretical literature is evident, but there is no integration of studies into concepts related to problem. Review is partially focused and organized. Supporting and opposing research are not included in the summary of information presented. Conclusion does not contain a biblical integration.
48-1 points
There is no clear or logical organizational structure. No logical sequence is apparent. The use of font, color, graphics, effects etc. is often detracting to the presentation content. Length requirements may not be met
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